Patent landscape, scope, and claims: |
Analyzing the Scope and Claims of United States Patent 9,795,560
Introduction
United States Patent 9,795,560, titled "Aqueous ophthalmic solutions of phentolamine and medical uses thereof," is a significant patent in the field of ophthalmic medications. This patent, assigned to Ocularis Pharma, LLC, and invented by Meyer Alan, provides insights into the formulation, use, and protection of phentolamine-based ophthalmic solutions.
Patent Overview
- Issuance Date: October 24, 2017
- Inventor: Meyer Alan
- Assignee: Ocularis Pharma, LLC
- Patent Expiration Date: January 31, 2034[2].
Claims and Scope
The patent includes several claims that define the scope of the invention. Here are the key aspects:
Independent Claims
- The patent claims cover aqueous ophthalmic solutions containing phentolamine or its pharmaceutically acceptable salts.
- Specific formulations include those with phentolamine mesylate, mannitol, sodium acetate, and water[2].
Dependent Claims
- These claims further specify the concentrations and combinations of the ingredients, such as the amount of phentolamine mesylate, and the presence of additional components like preservatives and pH adjusters[2].
Patent Landscape Analysis
To understand the broader patent landscape surrounding this patent, several factors need to be considered:
Prior Art and Novelty
- The patent examiner must determine whether the claims are novel, non-obvious, and useful in light of prior art. For U.S. Patent 9,795,560, any prior art cited during the prosecution process would be crucial in understanding the uniqueness of the invention[1].
Related Patents
- Other patents related to phentolamine ophthalmic solutions, such as U.S. Patents 10,278,918, 10,772,829, 11,090,261, and 11,844,858, also assigned to Ocuphire Pharma, Inc., provide a comprehensive view of the ongoing research and development in this area. These patents often cover similar formulations and uses, indicating a robust intellectual property strategy[2].
Claim Coverage and Gaps
Using patent analytics tools, such as those described by Schwegman, can help in categorizing patents by claims and scope concepts. This approach allows for a detailed analysis of which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist.
Claim Charts and Scope Concepts
- Interactive claim charts generated by tools like ClaimScape® can help technical experts review patent coverage. These charts can identify whether a particular scope concept is applicable to a target product or method, highlighting gaps in current coverage and future design opportunities[3].
Exclusivity and Market Protection
In addition to patent protection, the FDA grants exclusivity rights that can run concurrently with or independently of patent protection.
Exclusivity Periods
- For Ryzumvi, a brand name of phentolamine ophthalmic solution, the exclusivity period is set to expire on September 25, 2026. This period ensures that the manufacturer has sole marketing rights, which can be crucial in maintaining market dominance[2].
Competitive Intelligence
Reviewing the file wrapper for U.S. Patent 9,795,560 can provide valuable insights into the competitive landscape.
Office Actions and Examiner Arguments
- The file wrapper contains details of the examiner's arguments and the applicant's responses. This information can reveal how the patent overcame prior art challenges and what limitations were imposed by the examiner, offering a competitive edge in understanding the technology and market[1].
Technological and Market Impact
The patent's impact extends beyond legal protection to influence technological advancements and market strategies.
Innovation and Development
- The patent's focus on aqueous ophthalmic solutions of phentolamine drives innovation in ophthalmic care. It encourages further research into improving visual performance and treating related conditions, contributing to the overall advancement of the field[2].
Market Domination
- By securing a strong patent portfolio, Ocularis Pharma, LLC, and its successors can maintain a competitive advantage in the market. This is particularly important in the pharmaceutical industry, where patent protection can be a significant barrier to entry for competitors[3].
Use of AI and Machine Learning in Patent Analysis
The USPTO has incorporated AI and machine learning into patent search and classification, which can enhance the analysis of patents like U.S. Patent 9,795,560.
Automated Prior Art Retrieval
- Tools that automatically retrieve prior art documents and suggest search areas can streamline the analysis process. This technology also captures feedback from examiners to improve the ML models, making the search more efficient and comprehensive[4].
Key Takeaways
- Patent Scope and Claims: U.S. Patent 9,795,560 covers specific formulations of phentolamine ophthalmic solutions, including concentrations and combinations of ingredients.
- Patent Landscape: The patent is part of a broader portfolio related to phentolamine ophthalmic solutions, indicating a robust intellectual property strategy.
- Competitive Intelligence: Reviewing the file wrapper provides insights into the competitive landscape and technological advancements.
- Market Impact: The patent influences innovation and market strategies in ophthalmic care.
- AI and Machine Learning: Advanced tools enhance the efficiency and comprehensiveness of patent analysis.
FAQs
-
What is the main subject of U.S. Patent 9,795,560?
- The main subject is aqueous ophthalmic solutions of phentolamine and their medical uses.
-
Who is the inventor and assignee of U.S. Patent 9,795,560?
- The inventor is Meyer Alan, and the assignee is Ocularis Pharma, LLC.
-
What is the patent expiration date for U.S. Patent 9,795,560?
- The patent expires on January 31, 2034.
-
How does the patent landscape analysis help in understanding U.S. Patent 9,795,560?
- It helps in identifying related patents, prior art, and gaps in intellectual property protection.
-
What role does AI and machine learning play in the analysis of U.S. Patent 9,795,560?
- AI and machine learning enhance the efficiency of prior art retrieval and analysis, improving the overall patent search and classification process.
Cited Sources:
- Patent File Wrappers as a Tool for Competitive Intelligence - IP Checkups.
- Generic Ryzumvi Availability - Drugs.com.
- Patent Analytics - Schwegman Lundberg & Woessner.
- FY 2020 United States Patent and Trademark Office - USPTO.
More… ↓
⤷ Subscribe
|